Abuse of Discretion

S-2011-765

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In OCCA case No. S-2011-765, Steven Cory Lymen appealed his conviction for Second Degree Burglary. In an unpublished decision, the court decided to deny the State's appeal to reverse the trial court's decision. The court determined that the trial court did not misuse its authority when it suppressed evidence and dismissed the case. The State had argued that the witness's identification of Lymen was valid despite it being considered unduly suggestive initially, but the court ultimately agreed with the trial court’s conclusion that the identification was not reliable.

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C-2011-592

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In OCCA case No. C-2011-592, Philipe Jean Pace appealed his conviction for Knowingly Concealing Stolen Property, After Former Conviction of Two or More Felonies. In a published decision, the court decided to grant the writ and allow the Petitioner to withdraw his plea and proceed to trial. One judge dissented. Philipe Jean Pace was charged with a crime and, instead of going to trial, he decided to plead nolo contendere, which means he did not contest the charges. The trial judge accepted his plea and sentenced him to twenty years in prison, but he only had to serve the first ten years. After the plea, Pace wanted to change his mind and asked to withdraw his plea, but the court said no. In his appeal, Pace argued two main points. First, he said he didn't understand what he was doing when he gave up his right to have a lawyer help him. He claimed that he didn't really know what would happen if he represented himself. Second, he believed that he was confused and didn’t make a proper decision to plead guilty. The higher court looked at all the details, including what happened in the trial court. They found that the original court did not really explain to Pace the risks of not having a lawyer. They noted that just because he had signed a form saying he wanted to waive his right to counsel, it didn't mean he actually understood what he was giving up. The judges pointed out that there was no evidence in the record that he was properly informed about the dangers of self-representation or that he clearly stated he wanted to represent himself. Because of these problems, the higher court ruled that the lower court made a mistake when it denied Pace's request to withdraw his plea. They believed it was important for a person to fully understand their rights and the consequences of their choices in court. As a result, the court decided that Pace could withdraw his plea and would be able to have a trial.

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S-2011-545

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In OCCA case No. S-2011-545, the State of Oklahoma appealed his conviction for evidence suppression. In an unpublished decision, the court decided to affirm the district court's order. One judge dissented. The case involved the State of Oklahoma appealing a decision made by a special judge in Cleveland County. The State was unhappy with the judge's ruling to suppress evidence, which they felt was unfair. The main reason for the appeal was that the State believed the judge did not have the right to impose punishment on them for what they claimed was a misunderstanding of the Discovery Code. Essentially, they argued that they had not violated any rules regarding the sharing of evidence and information before the trial. The court had to look at whether the judge's decision was reasonable or if it was clearly wrong. The judges found that the special judge had good reason to impose sanctions on the State because it was determined that the State did not follow the proper procedures for sharing evidence. This is known as discovery. The court highlighted that it is very important in criminal cases for both sides to share information so that there are no surprises during the trial. This process helps ensure fairness and allows both sides to prepare adequately. The court explained that there are rules in place for how evidence should be shared and that these rules are crucial to ensuring justice. The district court had determined that the State should have done more to preserve evidence that could have been useful for the defense. Because they did not do this, the special judge decided to impose penalties on the State as a form of punishment for not following the rules. After reviewing the situation, the court found that the special judge acted within his rights in deciding to sanction the State. As a result, the court affirmed the decision made by the district court in Cleveland County. The judges agreed that enforcing these discovery rules is necessary to avoid similar problems in future cases. So, in the end, the court supported the lower court's ruling by stating that the sanctions against the State were appropriate. This decision encourages the State and other prosecutors to comply with the Discovery Code in future cases, ensuring fair trials for everyone involved.

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S-2011-544

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In OCCA case No. S-2011-544, the State of Oklahoma appealed a court's decision where evidence was suppressed in a criminal case. In an unpublished decision, the court decided to uphold the lower court's ruling. One member of the court did not agree with this decision. The case began when the district court, under the Special Judge, found that the State had not followed the rules about sharing evidence, known as the Discovery Code. The State argued that it had done nothing wrong and claimed that the court should not have punished them for this. They believed the judge’s decision to tell the jury about the supposed violation was also wrong, especially since they didn't act in bad faith. The court examined the arguments from both sides and concluded that the district court did not make a mistake. They believed that the State really did not follow the rules and agreed that it was appropriate to impose penalties for this. The court also explained that they don't usually review jury instructions in these matters. Ultimately, the higher court decided to keep the ruling from the district court, meaning the previous decision to suppress the evidence remained in effect. The ruling was considered important in the context of the legal process. In the end, the reasoning emphasized that having a fair process helps both sides in a case and that knowing the strengths and weaknesses of each other's arguments can make trials go better. Even though some might think the penalties were harsh, the court felt it was essential to make sure that such rules are followed in the future.

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S-2011-543

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In OCCA case No. S-2011-543, the State of Oklahoma appealed its conviction for suppressing evidence against DAREN LEVI GEYER. In a published decision, the court decided to affirm the lower court's order. The judges noted that the trial court was correct in determining that the State had violated rules regarding evidence disclosure and imposed sanctions on the State for not following these rules. The court found that the State's failures warranted these sanctions, and the imposition of a jury instruction against the State was also upheld. One judge dissented, emphasizing the importance of fair play in the discovery process during trials.

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RE-2010-762

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In OCCA case No. RE-2010-762, Mason appealed his conviction for possession of marijuana with intent to distribute. In a published decision, the court decided to affirm the revocation of Mason's suspended sentence but ordered a correction regarding the time served. One judge dissented. Mason had previously entered a guilty plea for a drug-related charge and received a suspended sentence, which meant he didn’t have to go to prison immediately but had to follow certain rules. Over time, he violated those rules several times. The state government, which is responsible for enforcing the law, filed multiple applications to revoke his suspended sentence due to his failures to comply with the terms of probation. He confessed to some of the allegations against him, such as not completing community service and not paying fees. After multiple chances and extensions given by the court to fix his issues, Mason still did not follow the rules. For example, he used drugs again and didn’t seek help as he was supposed to. At a hearing, the court found that Mason did not meet the terms of his probation and decided to revoke his suspended sentence completely. Mason argued that the court shouldn’t have been able to take away the whole suspended sentence because he had already served some time. The court agreed that Mason needed to be credited for time served but found it was appropriate to revoke the rest of the suspended sentence given that he didn’t comply when given chances. The final decision was to affirm the judgment that Mason had violated probation, but with instructions to the lower court to ensure they correctly noted how much time was left on his sentence. In conclusion, while Mason's appeal did not succeed in changing the outcome of the revocation, he was recognized for the days he had already spent in custody.

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RE-2011-249

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In OCCA case No. RE-2011-249, the appellant appealed his conviction for Manslaughter in the First Degree and causing an accident resulting in great bodily injury while driving under the influence. In a published decision, the court decided that the order revoking the appellant's suspended sentence was an abuse of discretion and modified the sentence to time served. One judge dissented.

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S-2011-774

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In OCCA case No. S-2011-774, the State of Oklahoma appealed the decision regarding the conviction of DeJear. In a published decision, the court decided to affirm the previous ruling, which found there was not enough evidence to prove that DeJear was under the supervision of the Department of Corrections, making the charges not applicable. One judge dissented from this opinion.

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RE-2010-819

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In OCCA case No. RE-2010-819, Joshua Dee Taylor appealed his conviction for Assault with a Dangerous Weapon and Domestic Abuse-Assault and Battery in Presence of Minors. In an unpublished decision, the court decided to affirm the revocation of three years of his suspended sentence. One judge dissented. Joshua Dee Taylor was sentenced for two crimes: one serious and one misdemeanor. These were combined into a single sentence where he was supposed to serve time in prison but was allowed to stay out under certain rules, like not leaving Oklahoma without permission and taking his medication. However, he got into trouble after the state said he broke the rules of his probation. The state said Taylor didn’t report to his probation officer, left the state without permission, didn’t pay required fees, and had trouble with taking his medications. Because of these violations, the court held a hearing and decided that he had indeed violated the rules. The judge revoked part of his probation, taking away three years of his suspended sentence. In his appeal, Taylor claimed the judge made mistakes in deciding to revoke his probation. He argued that the written order did not match what the judge said in court and that the judge unfairly included conditions that were not agreed upon verbally. He also claimed the decision to revoke was unreasonable because his mental state made it hard for him to follow the instructions. Taylor said he could not pay the probation fees and that there were many errors made during his case. The court looked closely at his arguments. They noticed that there was an error in the written order compared to what was said in court and suggested the lower court fix this. However, they decided that even with this error, the other reasons for revoking his probation were valid, and he still broke the rules by not complying. Even though they acknowledged his points about medication and fees, they agreed that other violations were enough to support the judge’s decision to revoke his probation. They stated that he understood the rules but chose not to follow them. The appeal resulted in the court affirming the revocation while instructing the lower court to correct the paperwork.

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RE-2011-277

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In OCCA case No. RE-2011-277, Johnson appealed his conviction for Feloniously Carrying a Firearm. In an unpublished decision, the court decided to affirm the revocation of his suspended sentence but vacated an additional Victim Compensation Assessment. Johnson dissented. The case began when Johnson entered a guilty plea on August 3, 2005, and was sentenced to ten years in prison, with six months of that sentence being served in jail and the rest suspended, meaning he wouldn't have to serve it unless he broke the law again. He was also fined and had to pay a fee for victim compensation to help those who had been hurt by crimes. Later, in November 2005, the State, which is like the government in this case, claimed Johnson broke his probation by getting into trouble again, which included resisting arrest and having drugs. Because of this, on March 10, 2006, the court decided to make him serve eighteen months of his suspended sentence. Johnson continued to have problems. He was charged with more crimes in 2008, including stealing from a house and having drugs. He went through a special program to help people with drug problems and successfully finished it. In June 2010, the court dismissed some applications to revoke his probation because of progress he made. However, on March 1, 2011, the State filed another application saying Johnson broke the rules again, claiming he tried to escape from the police, attacked a police officer, and had more drugs. A hearing was held on March 14, 2011, where the judge decided to revoke ninety months of Johnson's suspended sentence. Johnson argued in his appeal that the judge was wrong to make him pay another victim compensation fee during the revocation hearing. He believed this fee could only be applied when someone was first convicted, and since the revocation wasn't a new conviction, he shouldn’t have to pay it again. The State said it didn’t matter since the record only showed the original fee, but Johnson insisted the extra fee should be removed. The court agreed with Johnson, explaining that a victim compensation fee should only be applied at the time of the original sentencing, not at a revocation hearing. Therefore, the court decided to remove the $200 fee that was added during the revocation. In his final point, Johnson asked the court to lessen the time he had to serve because he had made improvements while on probation. However, the court found that the judge in charge did not abuse his discretion in deciding how long to revoke Johnson's suspended sentence. Overall, the court confirmed the revocation of Johnson’s sentence but dismissed the new Victim Compensation fee.

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RE-2010-706

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In OCCA case No. RE-2010-706, Cynthia McGhee appealed her conviction for embezzlement and using a computer to defraud. In an unpublished decision, the court decided to reverse the order revoking three years of her suspended sentence. One judge dissented. Here is a brief summary of the case: Cynthia McGhee was originally sentenced in 2004 for embezzlement and related charges. She received a total of fifty years in prison, but twenty of those years were suspended, meaning she did not have to serve that time in prison as long as she followed certain rules. One of the rules was that she had to pay back a large amount of money, over $244,000, which she had taken in the embezzlement. In 2010, the state accused her of not paying the money she owed. A judge held a hearing to discuss this. McGhee admitted she did not pay the restitution but argued that it was not because she didn't want to, but because she couldn't afford to. The judge decided to revoke three years of her suspended sentence because McGhee failed to pay. On appeal, the court looked at whether the district judge made a mistake. The court found that McGhee had shown enough evidence to suggest that her inability to pay was not her fault. They explained that a person's probation should not be revoked for not paying money unless it is proven they could have paid it and chose not to. The original judge had not considered McGhee's ability to pay when making the decision. Therefore, the Court of Criminal Appeals decided that the revocation of McGhee's suspended sentence was an abuse of discretion, meaning the judge made a wrong choice. They reversed the decision and sent the case back for a new hearing to determine if McGhee could pay the restitution.

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F-2010-572

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In OCCA case No. F-2010-572, Earsley appealed her conviction for uttering two or more bogus checks exceeding $500.00. In an unpublished decision, the court decided to reverse the order that accelerated her deferred sentence. The decision was based on the finding that the lower court did not consider Earsley's ability to pay restitution and court costs, which Earsley argued was a necessary factor in determining whether her failure to pay was willful. One member of the court dissented.

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S 2011-0024

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In OCCA case No. S 2011-0024, Joel Christion Aranda appealed his conviction for multiple charges including Use of a Vehicle in Discharge of a Weapon and Assault and Battery with a Dangerous Weapon. In an unpublished decision, the court decided to affirm the lower court's ruling, which had dismissed several counts against Aranda. One judge dissented, believing there was enough evidence to proceed with some of the charges.

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S 2011-0023

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In OCCA case No. S 2011-0023, David Franco appealed his conviction for several charges related to using a vehicle in the discharge of a weapon, assault and battery with a dangerous weapon, feloniously pointing a firearm, and other related charges. In an unpublished decision, the court decided to affirm the ruling that dismissed some of the charges against him. One judge dissented.

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J-2011-514

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In OCCA case No. J-2011-514, J.F. appealed his conviction for Lewd Acts With a Child Under Sixteen. In a published decision, the court decided to affirm the motion for certification as a juvenile. One judge dissented. The case began when the State of Oklahoma charged J.F. on March 7, 2011, for actions that allegedly happened when he was 15 years old. J.F. filed a motion to be treated as a juvenile instead of facing adult charges. A hearing was held where evidence was presented. The court had a specialist provide testimony, and several documents were submitted to support J.F.'s request for juvenile status. The State argued that the court should not have allowed J.F. to be certified as a juvenile, stating that he had not shown enough proof. The court, however, did not find any mistakes in the decisions made by the trial judge and agreed that J.F. should be treated as a juvenile. In the end, the court upheld the earlier decision, allowing J.F. to proceed in the juvenile system.

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S-2011-208

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In OCCA case No. S-2011-208, the State of Oklahoma appealed the decision made by a Special Judge regarding the suppression of evidence connected to Shea Brandon Seals. In an unpublished decision, the court upheld the Special Judge's ruling, agreeing that there was not enough reason to stop Seals' vehicle. The court found that the evidence supported the decision that Seals did not break any traffic laws, and thus, the law enforcement officer did not have a valid reason to stop him. The State also tried to argue that there was reasonable suspicion for the stop, but this argument was presented for the first time during the appeal, so the court did not consider it. The decision to deny the State's appeal was supported by competent evidence and adhered to legal standards. One member of the court dissented.

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J-2011-462

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In OCCA case No. J-2011-462, K.T.L. appealed his conviction for robbery by force/fear and kidnapping. In an unpublished decision, the court decided that the lower court's order denying K.T.L.'s motion to be treated as a juvenile was incorrect and should be reversed. K.T.L. was found to have substantial evidence supporting his request for juvenile treatment, and thus, the court instructed to certify him as a juvenile. One justice dissented, believing that the original decision should be upheld.

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C-2011-51

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In OCCA case No. C-2011-51, Wilkes appealed his conviction for second-degree rape. In an unpublished decision, the court decided to grant the petition, allowing Wilkes to withdraw his plea. One judge dissented. Darren Casey Wilkes had originally entered a no contest plea to second-degree rape but later sought to change that plea after not being accepted into a special program meant for young adults. This program was key to his decision to plead no contest. When he was denied entry into that program, he believed he should be allowed to withdraw his plea because the conditions he agreed to were not fulfilled. The court reviewed the case and found that Wilkes’s plea was based on an agreement that included eligibility for the Delayed Sentencing Program. The problem arose from incorrect paperwork that included charges that were supposed to be dropped. Since this error affected Wilkes's eligibility and the terms of his plea, the court determined that he should be allowed to withdraw his plea. Throughout the process, it was clear that Wilkes did not admit guilt but entered his plea with the expectation of receiving certain benefits. Instead of receiving those benefits, he was sentenced to ten years in prison without the opportunity to participate in the program. The court concluded that the right remedy was to allow Wilkes to withdraw his plea and return to where he was before his plea was entered.

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F-2009-1181

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In OCCA case No. F-2009-1181, Joe Reaner Strong appealed his conviction for Second Degree Felony Murder. In a published decision, the court decided to reverse the conviction due to the district court's failure to give the jury an instruction requested by Strong on the lesser offense of second degree manslaughter. One member dissented. Joe Reaner Strong was convicted of Second Degree Felony Murder after his two-year-old grandson died in a fire that started when the child found matches at home. At the time, Strong had left his grandson asleep alone for about two hours while he went to pick up his wife. The child was later found unresponsive and died from smoke inhalation. During the trial, the prosecution argued that Strong was responsible for child neglect because he left the child unsupervised. Strong's defense claimed that he was negligent but did not intend for his actions to harm the child. Strong believed that he should have been allowed to present his defense, which included the possibility that he was guilty of a lesser crime - second degree manslaughter instead of murder. The court noted it is important for the jury to hear all aspects of a case, including possible lesser offenses if there is evidence to support them. In this situation, the court stated that there was enough evidence suggesting that Strong's negligence might not rise to the level of murder. Instead, it could have been just an unfortunate accident due to lack of care under the circumstances. The decision determined that the jury should have been instructed on second degree manslaughter because Strong's actions might not have been willful neglect, which is necessary for a murder charge. Because the jury could have reasonably believed that Strong did not intend to leave the child alone and that his actions were the result of carelessness, the court ruled that not allowing this instruction was a mistake that impacted the fairness of the trial. In summary, the appellate court reversed Strong's conviction and ordered a new trial due to the district court's error in handling the jury instructions related to the lesser charge.

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F-2009-1142

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In OCCA case No. F-2009-1142, the Appellant appealed his conviction for seven counts, including five counts of Knowingly Concealing/Receiving Stolen Property, First-Degree Arson, and Second-Degree Burglary. In an unpublished decision, the court decided to reverse all of the Appellant's convictions due to several errors during the trial. The court identified that the Appellant was denied access to his preliminary hearing transcripts, which affected his ability for a fair trial. The court also noted there was improper joinder of cases, leading to the admission of prejudicial evidence that may have influenced the jury's verdict. One judge dissented regarding the conclusion that the errors warranted a complete reversal of the convictions, arguing that the first error was harmless and could be remedied with a sentence modification.

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RE-2010-403

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In OCCA case No. RE-2010-403, Eddie Ray Casey, Jr. appealed his conviction for Knowingly Concealing Stolen Property and Larceny of an Automobile. In a published decision, the court decided to affirm the revocation of Casey's suspended sentence but instructed the District Court to correct the record to reflect that nine total years were revoked. No one dissented.

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RE-2010-9

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In OCCA case No. RE-2010-9, Steven B. Baker appealed his conviction for misdemeanor Resisting an Officer and felony Assault with a Dangerous Weapon and Possession of a Controlled Drug (Cocaine Base). In a published decision, the court decided to affirm the revocation of Appellant's suspended sentences, but recognized that Appellant was entitled to credit for time he had already served. One judge dissented.

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RE 2010-0600

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In OCCA case No. RE 2010-0600, Beau Ashley Kifer appealed his conviction for lewd molestation. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for two of the counts but reversed the revocation for the other two counts because the court did not have the authority to act on those counts since the sentences had already expired. One judge dissented.

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F-2009-749

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In OCCA case No. F-2009-749, Waymond George Morrison appealed his conviction for multiple offenses, including Possession of Controlled Dangerous Substances (CDS) with Intent to Distribute, Driving a Motor Vehicle Without a License, Distribution of CDS, and Possession of Proceeds from drug-related activities. In an unpublished decision, the court decided to affirm his conviction for three counts while reversing one count related to possession of proceeds, ordering that it be dismissed. One justice dissented. Morrison faced several serious charges related to drugs and was sentenced to a total of 100 years in prison for the most severe charges, along with some fines. During his trial, he argued that his rights to due process were violated, that there was an improper handling of testimony, and that he faced double punishment for his actions. The court evaluated his claims: 1. The first issue was whether Morrison’s rights were violated when the court didn’t allow certain testimony. The court decided that the excluded testimony wasn't relevant to the case, so his rights were not infringed upon. 2. The second concern was about the trial being split into two parts (bifurcated). The court ruled that this was a correct decision and that it did not abuse its discretion. 3. Morrison also contended that testimony from a rebuttal witness should not have been permitted. The court found that this was appropriate because the rebuttal witness provided necessary clarifications to previous testimonies. 4. Regarding the issue of double punishment, the court explained that Morrison’s possession and distribution charges were based on separate actions—one for having cocaine and one for selling it. However, his conviction for possession of proceeds was tied to the same act of selling cocaine, so that particular conviction was reversed. 5. The sufficiency of the evidence against him was also questioned. The court found that there was enough evidence for the jury to reasonably convict Morrison of intent to distribute due to the drugs found in his car shortly after a sale. 6. Lastly, Morrison felt his sentence was excessively harsh. The court did not agree, noting that due to his previous criminal record, the sentence was justifiable. In conclusion, the court upheld the majority of Morrison's convictions and sentences, significantly addressing various legal arguments made by him during the appeal process.

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F-2010-288

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In OCCA case No. F-2010-288, Gary Don Thompson II appealed his conviction for Possession of Marijuana, After Conviction of Two or More Felonies. In an unpublished decision, the court decided to reverse the judgment and sentence, meaning Thompson's conviction was thrown out. One judge dissented. Thompson was found guilty by a jury. The trial took place in Okmulgee County. The jury recommended that Thompson get ten years in prison and pay a $5,000 fine. Thompson's lawyers argued that the evidence used to convict him was obtained in a way that was not allowed by law. Before the trial, they asked the court to suppress, or not allow, the evidence. The court denied this request based on what the police officer said at an earlier hearing. However, during the trial, the officer explained what happened in detail, and his story was different from what he said before. The officer admitted that he did not have any reason to think Thompson was doing anything wrong. He only saw Thompson walking at night in an area he thought had a lot of crime. At trial, the officer said that Thompson threw away a bag of marijuana after the officer told him to stop. The court looked at this new information and believed that Thompson was stopped by the police without enough reason to do so. Because of this, the court said that Thompson's actions of throwing away the marijuana were the result of being detained improperly, and they found that the previous court had made a mistake in not allowing the evidence to be suppressed. The final decision was to reverse Thompson's conviction and send the case back with instructions to dismiss it.

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